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The role of intellectual property rights (IPRs) in the development and transfer of climate change technologies has been a contentious issue in negotiations under the United Nations Framework Convention on Climate Change (UNFCCC). Irreconcilable differences seem to oppose those who believe IPRs are an inherent barrier to the transfer of climate change technologies and those who argue they are an essential incentive to innovation. After providing an overview of the polarized debate on this issue, this article reviews the existing literature and empirical evidence and looks into some practical initiatives and recent developments. Finally, it seeks to identify a way forward that could help overcome the current stalemate in international deliberations by suggesting a number of parameters to structure the discussion on this complex issue.
Policy relevance Increasingly, IP appears to be a pressing challenge for the emerging climate technology regime, which if not adequately addressed might risk compromising the fulfilment of its mission. What are the reasons behind this stalemate? How do IPRs impact the transfer and diffusion of climate change technologies to developing countries? How could this stalemate be overcome? These are some of the key questions that this article seeks to examine by reviewing the existing scholarship, empirical evidence, as well as some recent relevant initiatives and developments. Finally, it suggests a way forward that could help overcome the current stalemate in international deliberations, on the basis of a number of parameters to help structure the discussion on this complex issue.
